Navigating H-1B Transfer Approval: Key Considerations Before Resigning

Receiving an email approval notice for your H-1B transfer is a positive step, but it doesn't necessarily mean you are cleared to resign from your current job and move to your new employer. There are crucial considerations to take into account before proceeding with your resignation. This article will guide you through the process and offer important advice for H-1B workers.

Checking the Approval Status

Verify the Approval Status: Ensure that the approval notice received is for your H-1B transfer and that it is valid and complete. The best way to do this is by requesting the official approval notice, Form I-797, from your attorney or from the United States Citizenship and Immigration Services (USCIS).

It is critical to have the official document in hand. If you do not have the hard copy, you can request it from your attorney or USCIS. This form is legally binding and will serve as proof that your H-1B transfer has been approved. Make sure to pay attention to any subsequent checks for additional documents or information that may be required by your employer or your new H-1B sponsor.

Verifying the Start Date

Confirm the Start Date: Once you have the official approval notice, carefully review the start date of your new H-1B employment. Keep in mind that you typically cannot start working for the new employer until the new H-1B has been approved and the start date has arrived.

Failure to verify the start date can lead to unexpected delays or complications. Ensure that the start date is accurate and stays consistent with what your new employer expects. It is advisable to discuss the start date in detail with both your current and new employers to avoid any misunderstandings.

Understanding the Grace Period

Be Mindful of Grace Periods: H-1B holders usually have a 60-day grace period after the termination of employment. However, it is imperative to confirm the specifics of any potential grace periods with your attorney to avoid any potential issues.

The grace period is a critical buffer that allows you to adjust to your new situation without immediate concern. However, it is essential to familiarize yourself with any specific terms and conditions attached to the grace period, as some employers may require you to start the new position more quickly than the 60-day period allows.

Timing and Prudence in Resignation

Consider the Timing of Your Resignation: It might be wise to wait until you have started your new position to avoid any potential gaps in employment status. Rushing into resignation without proper planning can lead to complications such as unemployment, prolonged transition periods, or even legal issues.

Consulting with your attorney is crucial at this stage. They can provide guidance based on your specific circumstances and help you navigate the complexities of your situation. Proper planning and communication with both your current and future employers can minimize disruptions and ensure a smoother transition.

Seeking Legal Advice

Consult Your Attorney: Your immigration attorney is an indispensable resource. Their expertise in immigration law and USCIS regulations can provide personalized advice tailored to your circumstances, helping you avoid potential legal issues and ensuring compliance with all necessary requirements.

Attorneys provide tailored advice for cases like yours, and they are bound by professional ethics to provide the best possible service to their clients. While online forums like Quora can be a good starting point, they cannot replace professional legal advice. Always consult with a licensed immigration attorney to get accurate and personalized guidance.

Final Thoughts: While it is tempting to resign and move as soon as you receive an approval notice, it is prudent to take the necessary steps to ensure a smooth transition. Check the approval status, verify the start date, understand any grace periods, and consult with your attorney for personalized advice. By taking these steps, you can make a well-informed decision and ensure a seamless transition to your new employment opportunities.